§ 3307 - Periodic review of noninspected licensed establishments
§ 3307. Periodic review of noninspected licensed establishments
(a) The secretary may cause establishments which are required to be licensed under section 3306 of this title, but exempt from inspection under subdivision 3305(13) of this title, to be periodically reviewed by inspectors to assure that the provisions of this chapter and the rules promulgated pursuant to this chapter are complied with, and that the public health, safety and welfare is protected.
(b) Any periodic review shall include an examination of the licensed establishment's sanitation practices; sanitation of the areas where meat and poultry products are prepared, stored and displayed; the adequacy of any refrigeration system used for meat food products and poultry products; labeling; and meat food products, or poultry products for wholesomeness and adulteration. In addition, the inspector conducting the periodic review may conduct any other examination necessary to assure compliance with this chapter and the rules adopted pursuant to this chapter.
(c) The inspector may issue a stop sale or use order for any violation of this chapter, or of the rules adopted pursuant to this chapter. Any person receiving a stop sale or use order shall immediately remove the meat, meat food product or poultry product from sale, or shall immediately cease to use any equipment or area as directed by the order until the order is lifted. The inspector may lift a stop sale or use order once he or she has determined that the violation has been corrected. Any person receiving a stop sale or use order may appeal the decision to the secretary within five days of receiving the order.
(d) After discovery of a violation of this chapter, or the rules adopted pursuant to this chapter, the secretary may take any additional action against the licensed establishment which he or she deems appropriate, including: instituting a proceeding under section 3306(e), and causing a civil, equitable, or criminal court proceeding to be brought against the licensed establishment.
(e) The secretary may adopt all rules necessary to implement and enforce the licensing and periodic review provisions of the chapter, which may include minimum standards for sanitation, refrigeration, labeling, wholesomeness, adulteration and such other rules as the secretary deems necessary. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003.)